1. Contribution Type Separation: Traditional vs. Roth
It’s common for 401(k) plans to have both traditional (pre-tax) and Roth (post-tax) accounts. This matters when distributing assets because:
- Each type carries different tax implications for the alternate payee
- A properly drafted QDRO must clearly separate the two
- If the plan allows, the alternate payee may be able to roll the funds into either a traditional or Roth IRA depending on what was awarded
Be sure your QDRO specifies which type of funds are being divided. If the participant has mixed account types, a flat percentage division may not work without further clarification.

